LCR22764

1.Appeal of Adjudication Officer Decision No(s)ADJ-00030260, CA-00040453

BACKGROUND:

2.This case is an appeal of an Adjudication Officer’s Recommendation by the Union on behalf of the Worker. On 3^rdFebruary 2023 the Adjudication Officer issued the following Recommendation:-

"Based on delay and an unintended miscommunication by the Employer I recommend compensation of €1500 to made to the worker”.

The Union appealed the Adjudication Officer’s Recommendation to the Labour Court on 13 March 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

A Labour Court hearing took place on 31^stMay 2023.

DECISION:

The Court has given very careful consideration to the written and oral submissions of the parties.

The Court has been made fully aware of the difficult experiences faced by the worker in recent years. The Court has also been made aware of the transfer policy in place in the employment which has been formulated following consultation with the trade union. There is no contention before the Court that the employer has failed to observe the policy in full in the case of the worker.

The worker makes a claim based on what he contended to be an undertaking given to him by the employer. The Court has been provided with e-mails which form the submitted basis for that contention.

The Court has examined all of the documentation provided in the written submissions of the parties and has considered the oral presentations made at its hearings.

The Court is satisfied that no basis exists for a contention that the employer failed to deliver to the worker a transfer that had been undertaken by the employer to be provided to him.

In those circumstances, the Court concludes that the claim before it is without merit and must consequently fail.

The decision of the Adjudication Officer is set aside.

	Signed on behalf of the Labour Court
	Kevin Foley
SOC	______________________
8th June 2023	Chairman